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(영문) 대구지방법원 서부지원 2016.10.13 2016고단1138
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around March 29, 2015, the criminal defendant against the victim C calls the victim C from the Mapo-si Mapo-si Mapo-si, Seoul, to the effect that “The circumstances of collection became difficult due to the failure to perform the Mana-si’s business. If he/she lends the money that he/she would pay the interest, he/she shall receive the monthly payment from the following month.”

However, the defendant was not due to the circumstances of the settlement, but required money for gambling on the Internet, and even if he borrowed money from the victim due to no particular property or income, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 17,640,00 from the victim to the agricultural bank account of the Defendant on the same day from the victim, and acquired KRW 17,640,00 in total from the victim nine times from that time to August 5, 2015, such as the list of crimes in the attached list of crimes.

2. Fraud against victim D;

A. On May 26, 2015, the Defendant made a false statement to the effect that “The Defendant would have been repaid with the monthly salary of the following month, if he/she leased KRW 800,000 to the victim D by telephone from the French land in Gwangju Metropolitan City.”

In fact, the defendant did not have any intention or ability to complete the payment even if he borrowed money from the victim on the grounds of Paragraph 1.

As such, the Defendant, by deceiving the victim, received 800,000 won from the victim to the Defendant’s corporate bank account on the same day.

B. On June 18, 2015, the Defendant made a false statement to the effect that “The Defendant would receive a loan after making a loan, if he/she lends money to the Defendant in need of KRW 10 million.” On June 18, 2015, the Defendant made a false statement to the effect that “The Defendant would receive a loan after making a loan from the Defendant,” from the Maok-dong Maok-dong Maok-dong Mapo-dong Mapo-dong Mapo-dong.”

However, on the grounds of Paragraph 1, the defendant's intent or ability to repay money to the victim, even if he borrowed money from the victim.

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